If a couple decides on getting a divorce or to separate and if the two spouses have one or more children, one of the parents must pay alimony for the care of the child/children. Our lawyers in Malta can offer you consultation on this matter. Divorce has recently been introduced in the Maltese family law, and came into effect in October 2011, after a national referendum where 53% of the voters expressed their pro-divorce opinions.
Alimony, defined by Maltese Law
Under the Chapter 16 of the Maltese civil law, alimony is defined as the combined factors of food, clothing, health, habitation and expenses for education that the child is entitled to. The alimony in Malta is decided according to the needs of the parent who has the custody and the means of the parent liable to pay it.
The Maltese law also provides financial help for the parent entitled to the custody, by offering an allowance every three months. Our lawyers in Malta can provide advice on this matter, but also on several social policies provided by the Government for people with certain needs, to which single parents can apply.
Alimony, a legal obligation in Malta
Under the provisions of the article 66D of the Maltese civil code, the spouse who files for divorce must make the proof that he or she can maintain the children and the spouse. If otherwise, the divorce can be refused.
The Maltese Court, with the help of the social workers, will determine if the custody of the child will be shared or single. If it decides that one parent will be granted with the custody, the other parent will be legally obliged to pay alimony to the child. However, both parents will still be granted with the same rights and obligations related to the best interest of the child and our attorneys in Malta can offer you information upon this subject.
In the situation in which after the divorce the parents will decide to remarry, the parent who pays the alimony will no longer have this obligation, start from the day of remarriage.
If you need more information on how the alimony is established in Malta, please contact our Maltese lawyers, who can offer you legal representation.